Texas 2023 - 88th Regular

Texas Senate Bill SB1447 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1447
2	2
3	3
4	4	AN ACT
5	5	relating to a training program for persons investigating suspected
6	6	child abuse or neglect.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter D, Chapter 261, Family Code, is
9	9	amended by adding Section 261.3105 to read as follows:
10	10	Sec. 261.3105. TRAINING PROGRAM FOR PERSONS INVESTIGATING
11	11	SUSPECTED CHILD ABUSE OR NEGLECT. (a) The department shall develop
12	12	a training program for each person who investigates any instance of
13	13	suspected child abuse or neglect at the state or local level and the
14	14	investigative supervisor of the person.
15	15	(b) The training program must include instruction on:
16	16	(1) the definitions of abuse and neglect under Section
17	17	261.001;
18	18	(2) the option for an abbreviated investigation or
19	19	administrative closure of certain reported cases under Section
20	20	261.3018;
21	21	(3) the required notice to an alleged perpetrator of
22	22	the right to record an interview under Section 261.3027;
23	23	(4) the required provision of information on
24	24	investigation procedures and child placement resources under
25	25	Section 261.307;
26	26	(5) the required notice of the right to request an
27	27	administrative review of the department's findings under Section
28	28	261.3091;
29	29	(6) the investigative standards established under
30	30	Section 261.310, including case file documentation;
31	31	(7) the required assessment of certain proposed
32	32	relative or other designated caregiver placements under Section
33	33	264.754;
34	34	(8) the department's policies on investigation
35	35	dispositions and risk findings appropriate to the type of
36	36	investigation;
37	37	(9) the department's policy on identifying a potential
38	38	relative placement before an adversary hearing;
39	39	(10) the department's policy on notifying a kinship
40	40	provider of the appeal process for a denied home assessment for
41	41	potential placement with the provider placement;
42	42	(11) the procedures for defining, identifying, and
43	43	supporting protective capabilities of youths 13 years of age or
44	44	older;
45	45	(12) the burdens of proof applied to the evaluation
46	46	and production of evidence;
47	47	(13) the rights provided by the Fourth Amendment to
48	48	the United States Constitution, the appropriate manner of informing
49	49	an alleged perpetrator of those rights, and the search and seizure
50	50	elements of those rights; and
51	51	(14) information on available community resources for
52	52	a child's identified risk factors to avoid delay in referrals for
53	53	services and to resources.
54	54	(c) The training program must also provide to department
55	55	investigators training on forensic investigative techniques and
56	56	protocols, including:
57	57	(1) techniques for conducting investigative
58	58	interviews with alleged perpetrators of and witnesses to alleged
59	59	child abuse or neglect;
60	60	(2) techniques for searching for and identifying
61	61	witnesses and collateral sources who may potentially provide
62	62	information regarding an allegation of child abuse or neglect;
63	63	(3) protocols for accurately scaling alleged abuse or
64	64	neglect markings and injuries;
65	65	(4) protocols for photographing alleged abuse or
66	66	neglect markings and scenes;
67	67	(5) techniques for reconstructing events and
68	68	statements using timelines;
69	69	(6) protocols for collecting and packaging evidence;
70	70	(7) protocols for using notes, photographs, and
71	71	timelines to accurately represent an allegation of abuse or
72	72	neglect;
73	73	(8) methods for analyzing and applying forensic
74	74	evidence to the statutory definitions of abuse and neglect under
75	75	Section 261.001 and to possible signs and symptoms of abuse and
76	76	neglect; and
77	77	(9) procedures for analyzing and applying forensic
78	78	evidence to statutory standards established in this chapter,
79	79	including the burden of proof.
80	80	(d) The department shall administer to each investigator
81	81	and investigative supervisor an examination to test the
82	82	individual's knowledge and competency of the information provided
83	83	in the training program. An investigator or investigative
84	84	supervisor may not be assigned to investigate or supervise the
85	85	investigation of any case until the investigator or supervisor
86	86	successfully completes the training program and passes the
87	87	examination.
88	88	(e) In developing and implementing the training program,
89	89	the department shall:
90	90	(1) encourage professionalism, procedural
91	91	standardization, and investigative disposition accuracy in the
92	92	investigations of suspected child abuse or neglect; and
93	93	(2) collaborate with:
94	94	(A) appropriate Department of Public Safety
95	95	personnel;
96	96	(B) licensed attorneys;
97	97	(C) forensic medical professionals;
98	98	(D) appropriate law enforcement agency
99	99	personnel; and
100	100	(E) any other appropriate professionals.
101	101	SECTION 2. (a) As soon as practicable after the effective
102	102	date of this Act, the commissioner of the Department of Family and
103	103	Protective Services shall adopt the rules necessary to implement
104	104	the changes in law made by this Act.
105	105	(b) Section 261.3105(d), Family Code, as added by this Act,
106	106	applies only to investigation of a case assigned to an investigator
107	107	or investigative supervisor on or after January 1, 2025.
108	108	SECTION 3. This Act takes effect September 1, 2023.
109	109	______________________________ ______________________________
110	110	President of the Senate Speaker of the House
111	111	I hereby certify that S.B. No. 1447 passed the Senate on
112	112	April 27, 2023, by the following vote: Yeas 31, Nays 0.
113	113	______________________________
114	114	Secretary of the Senate
115	115	I hereby certify that S.B. No. 1447 passed the House on
116	116	May 18, 2023, by the following vote: Yeas 119, Nays 27,
117	117	one present not voting.
118	118	______________________________
119	119	Chief Clerk of the House
120	120	Approved:
121	121	______________________________
122	122	Date
123	123	______________________________
124	124	Governor